Boxer blocking Rogan's path to federal bench

WASHINGTON - Democratic Sen. Barbara Boxer is blocking the nomination of former GOP Rep. James E. Rogan to the federal bench, citing his lead role in the impeachment of former President Bill Clinton as one of her concerns.

Her stance is angering Rogan allies who contend that Boxer is reneging on her support for a bipartisan commission set up in California that recommends judicial nominees to the White House. Boxer disputes that.

"Congressman Rogan was one of the most enthusiastic backers of impeachment — he thought President Clinton had committed high crimes and misdemeanors. The Senate certainly disagreed with that conclusion, as did Sen. Boxer," said Boxer's spokeswoman Natalie Ravitz.

Boxer also believes that Rogan's strongly conservative positions on gun control, abortion and other issues make him "out of step with California," Ravitz said.

Rogan, who's currently a state Superior Court judge in Orange County appointed by Gov. Arnold Schwarzenegger, served in the House from 1997-2001 and was one of the managers of impeachment proceedings against Clinton in 1998.

He declined comment. "Out of respect for the Senate and its process, I just don't have any comment on this," he said.

Rogan left Congress after losing to Rep. Adam Schiff, D-Pasadena, in an $11 million contest that was the most expensive House race in history. Rogan then served for several years as director of the U.S. Patent and Trademark Office.

President Bush nominated Rogan a year ago to a seat on the U.S. District Court for the Central District of California, and renominated him in January when the new Democratic-controlled Congress convened.

However, Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., has a policy of not advancing judicial nominees who don't have the support of their home-state senators, and neither Boxer nor Sen. Dianne Feinstein, D-Calif., has committed to supporting Rogan, according to committee spokeswoman Erica Chabot.

Boxer declared her opposition in a statement Thursday while Feinstein has not yet taken a position.

After Bush took office, Feinstein and Boxer set up a Judicial Advisory Commission with the White House that recommends nominees to fill federal judicial vacancies in California. The group is referred to as the Parsky Commission because members are appointed by Feinstein, Boxer and Gerry Parsky, a top Bush adviser in California.

Rogan was recommended by the Parsky Commission. Although Boxer denies it, Rogan's former campaign manager, Jason Roe, said Boxer was consulted in advance and didn't objected.

"Those of us who have watched this process take place have expected the participants to live up to the commitment they made. Why Sen. Boxer would have done that for seven years and suddenly changed course confuses everyone that's observed this," Roe said.

"If she's got an ax to grind, that's what the hearing is for," Roe added. Judicial nominees get hearings before the Senate Judiciary Committee.

Ravitz contended that Boxer has never supported Rogan and never told anyone she did.

"When the Parsky Commission was set up in 2001, Sen. Boxer said it was her hope and expectation that the process would result in 'highly qualified, moderate judicial candidates.' Over the years, the process has worked beautifully," Ravitz said. "This time we disagree."

A White House spokesman had no immediate comment, and Parsky did not immediately return a call.

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